Larry Stewart d/b/a Larry Stewart Realty v. Jeffrey P. Sisson

Summary

The Iowa Supreme Court considered whether an oral agreement for a real estate broker to privately procure a buyer, without listing the property, constituted a “listing agreement” subject to Iowa Administrative Code rule 193E—1.23’s writing requirement. The court held that the agreement was not a listing agreement because the owner did not authorize public listing of the property, and therefore the rule did not bar the broker’s claims. The court reversed the summary judgment and remanded for further proceedings.

Holdings

1. An agreement for a broker to privately procure a buyer while not placing the property on a public list is not a "listing agreement" within the meaning of rule 193E-1.23.
2. Because the agreement was not a listing agreement, rule 193E-1.23 did not apply and could not support summary judgment dismissing Stewart's claims.
3. The court would not decide whether rule 193E-1.42 independently barred enforcement because Sisson did not raise that ground in the summary-judgment motion or in the district court.

Questions Presented

1. Whether an oral agreement under which a real estate broker privately procures a buyer for property without publicly listing it is a "listing agreement" subject to Iowa Administrative Code rule 193E-1.23's writing requirement.
2. Whether the district court properly granted summary judgment and dismissed Stewart's contract and companion claims based solely on rule 193E-1.23.
3. Whether the appellate court could decide the separate issue of the applicability or enforceability of the rule governing brokerage agreements when that issue was not raised as a ground for summary judgment in the district court.

Disposition

reversed_and_remanded